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HomeMy WebLinkAbout2001/09/04 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA September 4, 2001 1. Call to Order and Roll Call Mayor Jacobs called the meeting to order at 7:32 p m The following Councilmembers were present at roll call: Jim Brimeyer, Chns Nelson, Susan Sanger, Sue Santa, Robert Young, Ron Latz, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott);Director of Finance (Ms. McGann); Community Development Director(Mr Harmening); Planning and Zoning Supervisor (Ms. Jeremiah), Planner(Mr. Smith); Environmental Health Official (Mr. Camilon); and Recording Secretary (Ms Samson) 2. Presentations--None 3. Approval of Minutes a. City Council Minutes of August 20, 2001 The minutes were approved as presented. b Study Session Minutes of August 13, 2001 The minutes were approved with the following change: Councilmember Sanger said on Page 15, Item 2 Personnel Policy Update, Paragraph 3, Line 4, "providing they was" should read "providing there was". 4. Approval of Agenda and Consent Items NOTE: Consent items are those items of business which are considered to be routine and/or which need no discussion Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0. Council Meeting Minutes -2- September 4, 2001 4b. Consent Agenda It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the following Consent Agenda items. The motion passed 7-0. 1. Adopt Resolution No. 01-092 approving 2002-2006 Capital Improvement Program (CIP) and amending the Comprehensive Plan to incorporate the CIP. amending the St. Louis Park Municipal Code concerning employees of the City 2. Approve Ordinance No. 2204-01 amending the St. Louis Park Municipal Code concerning employees of the City of St.Louis Park by deleting Chapter 3: Personnel, approve the ordinance summary and authonze summary publication. 3. Approve six resolutions, Resolution Nos. 01-093,01-094,01-095,01-096,01- 097, and 01-098 related to the Park Commons title. 4. Approve Ordinance No. 2206-01 rezoning from R4 to C2 for the property located at 1409 and 1413 Colorado Avenue South ,Evan Johnson (Thermetic Products Inc.), approve summary ordinance and authonze publication. Case No. 01-38-Z 5. Resolutions to amend and correct Resolution No. 00-69 granting approval of final PUD and plat for Mill City Addition. Adopt Resolution No.01-099 approving final PUD for Mill City Addition. Adopt Resolution No. 01-100 approving final plat for Mill City Addition. 6. Adopt and approving final payments listed below: Allied Blacktop Company $75,390.93 Resolution No. 01-102 Contract No. 43-01 Contract sealcoating Thomas & Sons $26,759.59 Resolution No. 01-101 Contract No. 71-00 Storm Sewer ponds and lift stations 7. Accept the following reports for filing: a. Telecommunications Advisory Commission Minutes of May 10, 2001 b. Vendor Claims 5. Public Hearings 5a. Public Hearing—Park Nicollet Private Activity Revenue Bonds Resolution No. 01-084 Ms. Jean McGann,Director of Finance, reported Park Nicollet Health Care Services is asking the City to issue up to $10,000,000 in Pnvate Activity Revenue Bonds for the purchase of equipment for Park Nicollet. Council Meeting Minutes -3- September 4, 2001 Mr. David I. Cooke, Senior Vice President and CFO of Park Nicollet, said the loan will be used to finance medical equipment at the Park Center campus and at Methodist Hospital. Councilmember Sanger asked if the proceeds would only be used by the non-profit entities of Park Nicollet Mr. Cooke said the proceeds would be used only by the nonprofit entities of the hospital and clinic Ms. McGann said Kennedy and Graven has reviewed all materials. She said the purchase of equipment falls into regulations and, therefore, is acceptable. Mr. Cooke said the financing will be amortized over the estimated useful life of the equipment which will vary between five to seven years. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt Resolution 01-084 to issue Private Activity Revenue Bonds for Park Nicollet Health Care Services in an amount not to exceed$10,000,000. The motion passed 7-0. Mayor Jacobs asked on what are the revenue bonds secured, and Mr. Cooke replied the security interest is in the equipment. 5b. Public Hearing to Consider Compensation of the Mayor and City Councilmembers and Resolution revising salaries for the Economic Development Authority President and Commissioners Resolution No. 01-085 Mr. Meyer, City Manager, mentioned two issues regarding compensation and revised salanes: The time period for amending compensation for elected officials is governed by statute and, on a two-year window, Council must act prior to new Councilmembers taking office on January 1, 2002; and the revised salanes of elected officials for the City would fall within the norm of the range for elected officials for larger cities in the metro area, the modest increases are for$200-300 per year. It was moved by Councilmember Brimeyer, seconded by Councilmember Latz, to waive the first reading of the ordinance modifying Mayor and City Councilmember compensation, and set second reading for September 24, 2001, and adopt Resolution 01-085 amending the compensation and reimbursement of the Commissioners of the Economic Development Authority. The motion passed 7-0. 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. Approve preliminary property tax levy, budget for the 2002 fiscal year, and revisions to the 2001 adopted budget; and cancel the 1987A GO Improvement bond levy Resolution No. 01-086 Council Meeting Minutes -4- September 4, 2001 The City Manager, Mr. Meyer, proffered this cautionary statement: The changes in tax legislation in Minnesota are so significant that it has put a number of things into motion simultaneously. When Mr. Meyer and Staff try to explain what the impact of the changes are on the City's budget, it is difficult to isolate exactly what the effect of a particular factor will be. Ms. McGann reported on the important factors that influence the budget and the tax levy for 2002. She discussed three areas: the 2002 budget, legislative changes, and the impacts to the community. The proposed 2002 budget is primanly a maintenance and services budget with two areas of increases, i.e., within the compensation plan as well as union contracts, and the cost of utilities. The Homestead and Agnculture Credit Aid (HACA) is a State aid payment previously paid to local governments from the State. For the year 2002, this State aid payment has been eliminated, therefore, the City has included the amount within the local levy, and the amount impacts the local levy by approximately $3,000,000. The legislative session changed the distribution of local government aid, the rationale for the formula change is based on property wealth within the local government. The City of St. Louis Park will hold a public budget hearing the first part of December. Schools are now being funded by the State, however, some referendum levies will be included within one's property tax statement. Ms. McGann reminded listeners that budget information presented is based on estimates. Councilmembers Brimeyer, Latz, Nelson and Sanger expressed their concerns regarding the legislative changes. Councilmember Sanger thinks it is important the community be aware of the significant reduction in the amount of money coming into the City in order to provide basic City services, and to cover basic City services there is little choice but to raise the City's portion of the tax levy. Mr. Meyer said the difference between the tax increment generated annually and the funds that could be raised with an HRA levy are very significant, i.e., the HRA levy would be measured in hundreds of thousands of dollars and the tax increment is measured in millions. However, Mr. Meyer added the tax increment has not been nor is it available for general purposes (public safety and public works), the tax increment was only dedicated for use in relation to redevelopment types of activities. The proposal would be that the HRA levy would also be similarly limited to those types of redevelopment activities. Mr. Meyer said HACA is a$3,000,000 loss and the State has suggested St. Louis Park pick up the loss in a property tax levy for the City, therefore, St. Louis Park will levy $3,000,000 more in 2002 than was levied in 2001. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution 01-086 approving the Proposed 2001 Tax Levy, collectible in 2002, the proposed budget for 2002, revised budget for 2001, and canceling 1987A GO Improvement Bond Levy. The motion passed 7-0. 7b. Resolution authorizing an HRA levy Resolution No. 01-087 See the EDA minutes of September 4, 2001, Item 7a, regarding discussion pertaining to authorization of the HRA levy. Council Meeting Minutes -5- September 4, 2001 It was moved by Councilmember Young, seconded by Councilmember Santa, to adopt Resolution 01-087 setting the HRA levy for 2002. The motion passed 7-0. 7c. Second Reading of an Ordinance deleting licensing of housing compliance inspectors: City Code Section 16-202. In regard to the proposal to discontinue use of private, licensed housing inspectors for home sale inspections, Mr. Manny Camilon, Environmental Health Official, stated the City will be able to continue prompt and consistent inspections; the City has a limited amount of insurance when providing inspections for the good of the general public; and the City is considering flexible scheduling of its inspectors to accommodate evening and weekend inspections. Private, licensed inspectors Mr. Lee Kness, 2800 Florida Avenue South, and Mr. Richard D. Olson, 113 Ninth Avenue S.E. addressed the Council, expressing their disatisfaction with the proposed ordinance. The private licensed inspectors were doubtful that staff could adequatly cover the number of inpsections to be done each year and were concerned with a potential loss of revenue if the City began performing the inspections in house. Mr. Camilon said the City will charge a one-time fee for both an inspection and a re- inspection, and the anticipated fee will be $145 to $150. Councilmember Nelson said no inspection program is being changed or eliminated but rather the basis of the code is to move to a maintenance code. Councilmember Nelson added, the point-of-sale inspection is not for the seller or buyer, it is for the greater public good, and the point-of-sale inspection is not a substitute for a pnvate buyer's inspection. The City is trying to maintain its housing stock through a consistent inspection program that is monitored and performed by City Staff. It was moved by Councilmember Sanger, seconded by Councilmember Young, to approve Ordinance No. 2205-01 deleting licensing Section 16-202 concerning requirements for contractor licenses for Housing Compliance Inspectors. The motion passed 7-0. 7d. The request of Jewish Community Center to change the zoning classification at 4330 South Cedar Lake Road from R-4 Multi-Family Residential to R-1 Single Family Residential, Preliminary Plat and certain variances to permit the expansion of a parking lot in association with a proposed building expansion. Case No. 01-34-Z, -1-35-PP, 01-36-VAR Resolution Nos. 01-088 and 01-089 Mr. Patrick Smith, Planner, reported the Jewish Community Center(JCC) is proposing a three-story expansion to the north side of their building, which will house 32 classrooms, a library, music room and a computer lab. A parking lot expansion is being proposed to the south side of the building and a drop-off turnaround to the new expansion. The JCC is in the process of purchasing property from St Louis Park on which to expand the proposed parking lot. At the August 1, 2001 Planning Commission meeting, residents voiced concerns about the removal of trees, idling cars and buses, and the height of the proposed building. Council Meeting Minutes -6- September 4, 2001 Mr. Ross Moen,4325 Douglas Avenue, Golden Valley, designated representative for the four adjacent Tyrol neighbors, submitted"Suggestions for Minimizing Harmful Impact of JCC Expansion" and addressed the Council. Mr. Moen seeks relief on the following: an effective year-round tree barrier, an adjustment in the sewer maintenance schedule, and request for a requirement of gated access to the proposed turnaround. Mr. Smith said Staff recommends the JCC plant evergreen trees on the highest portion of the JCC property, north of the easement; and plant overstory trees on the south side of the easement, on the 10-foot stnp of land between the easement and the turnaround. Mr. Smith said all of the sewer repair work will not take place in the near future, i.e., within the next five years. Mr. Tom Harmening, Community Development Director, stated Public Works is considering inspecting the sewer line with a camera for the purposes of determining its condition due to a concern they have regarding construction activity in that area. The sewer line is a major sanitary sewer line, 36 inches in length, and it is situated in unstable soil. Mr. Tom Bozen,4545 Cedar Lake Road, addressed the Council regarding the tree issue and increased traffic. Mr. Smith responded that all tress south of the trail and east of the property will remain—the number of trees to be removed represents 10% of the trees on site, therefore, the JCC is not required to replace the trees under the Tree Preservation Ordinance. Public Works believes the additional traffic will not be problematic. Mr. Jeffrey Schachtman, executive director of JCC, reported the number of students in the school will not expand substantially. Mr. Schachtman would like to see a decrease in the speed on Cedar Lake Road. Mr. Herb Margolis Seneca Group consultant and project manager, provided details regarding trees, tree buffers, tree planting, and the elimination of a site line problem. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve first reading of rezoning ordinance and second reading for September 24; and to adopt Resolution No. 01-088 and Resolution No. 01-89 approving the preliminary plat and certain variances subject to the conditions and stipulations listed in the resolutions. The motion passed 7-0. Councilmembers Bnmeyer and Sanger asked if the Council will receive the final landscape plan between now and the second reading, and the response was yes. Councilmember Latz stated before going forward a more detailed landscaping plan is crucial to getting additional feedback from Staff and neighbors in Tyrol as to whether or not Council has gone as far as possible in meeting their needs for screening. Mr. Steve Oliver, JCC project architect from Ankeny Kell Architects, will provide gates on either end of the drive around on the west side of the JCC. 7e. Amendment to resolution approving Final Plat and Final PUD for Park Commons East Phase One to change the name of the north-south Town Green streets and separating the plat and PUD resolutions. Case Nos. 01-06-S and 01-07-PUD Resolution Nos. 01-090 and 01-091 Council Meeting Minutes -7- September 4, 2001 Ms. Jeremiah stated that the issues before the Council were a name change along the Town Green from Market Avenue to Grand Place, and to separate the resolutions of the final plat and final PUD to facilitate the recording process with Hennepin County. Councilmember Young did not support the name Grand Place as it repeated a name being used for a project at Victoria and Grand in St. Paul. He felt a historical name like "Hamilton" would be more appropriate. Mr. Cunningham said that the developer has shown a flexible attitude in naming streets but felt very strongly that the name "Grand" denotes the level of quality of this development. TOLD is willing to name individual buildings with historical names, but felt the street name along the town green should contain the name "Grand". Councilmember Nelson said that he would vote against naming the street "Grand Place" noting that he felt it was too suburban. Sanger concurred with Nelson and Young's comments saying that a more histoncal name makes sense to her. Councilmember Bnmeyer asked how important the street name is to marketing the development. Mr. Cunningham said that a marketable name was very important to the project and that TOLD would prefer to use the word "Grand" in the street name. Mayor Jacobs felt that if the name "Grand" would make it easier for marketing the project to residential and commercial tenants he would not object to its use. Ms. Jeremiah suggested separating the two resolutions for this evening's action so that the developer could proceed with recording the final plat. The plat could be recorded as "Market" and changed by ordinance to a different name more acceptable to the Council at the same time action took place on the name change for 38/39th Streets. Councilmember Young suggested that the developer use the name "Grand" followed by some other name, but not "Grand Place" as this was plagansm and in direct competition with the developer at Victoria and Grand in St. Paul. Mayor Jacobs expressed concern that lack of concensus on the name would slow down the project's progress. Councilmember Young did not feel further deliberation on the name would slow down the project's development. Councilmember Sanger felt that the name of the north/south street along the town green was very important as is established community image. Councilmember Latz agreed that our community image was at stake, but was not concerned about the issue of plagansm and did not feel the name "Grand" would detract from that image.. Councilmember Latz moved to adopt Resolution No. 01-090 amending the Final Plat, subject to the conditions stated in the resolution with an additional change in the street name to read "Grand Way" rather than "Grand Place". The motion was seconded by Councilmember Brimeyer. Council Meeting Minutes -8- September 4, 2001 Councilmember Latz went on to say that he would not object if a different name was agreed upon in the future and acted upon by a separate ordinance. Councilmember Nelson questioned the necessity for changing to "Grand Way" when the street was already named "Market Street" and that name could be changed in the future as well. Ms. Jeremiah clarified that through the street was onginally approved as "Market", the plat had not yet been recorded. Therefore the change to "Grand Way" could be done by resolution. If the name were to change again in the future after being recorded, it would require action by ordinance. Mayor Jacobs called for a roll call vote on the motion made by Councilmember Latz. Latz favor Nelson oppose Sanger oppose Jacobs favor Santa favor Young oppose Brimeyer favor Motion carried 4-3 with Councilmembers Nelson, Sanger and Young Opposed. Mr. Cunningham offered that if he has additional suggestions he will bring them to the Council at a future meeting. Mr. Scott stated that the wording used by council in the motion did not complete the action requested to adopt two resolutions approving the Plat and PUD. He suggested a second motion be made. Councilmember Latz moved that Council adopt Resolution No. 01-091 approving the final PUD and variances subject to the conditions stated in the resolution. Motion seconded by Councilmember Bnmeyer. The motion passed 7-0 8. Boards and Committees--None 9. Communications--None 10. Adjournment Mayor Jacobs adjourned the meeting at 10:30 p.m. • Ci Clerk Ma, or